Employment rights if you are a polling station

On 23 July 2023, general elections will be held in Spain, in which all Spaniards of legal age who are registered on the electoral roll, whether resident in Spain or abroad, will take part. In addition, some citizens have been drawn by lot to be part of a polling station. In this article we are going to analyse the employment rights of those who have been elected to a polling station.

Polling stations are composed of a president and two members, which are mandatory positions. However, these positions cannot be filled by candidates for election. But what happens if you are working on that day, can you ask for leave, and can you be excused from attending the polling station? We look at the following.

What employment rights do polling station officials have?

The members of a polling station have the obligation to preside over the voting, control the voting process and count the votes. In addition to their duties, members of a polling station have a number of employment rights, which are as follows:

• In the event that the day of the vote is a working day, the president and the members of the polling station shall have the right, as provided for by the Central Electoral Board, to a full day’s paid leave on the day on which the vote is held.
• The members of the polling station may request a reduction of the working day by five hours on the day immediately following the elections. In the case of a night worker, the night shift that begins on the day of voting is counted as a working day on election day and the right to a five-hour reduction in the working day may be exercised on the employee’s next night shift, provided that this shift begins on the day immediately following the day of the election.
• In addition to the above, polling station members will be entitled to receive an allowance amounting to 70 euros in 2023.
• Finally, polling station members are protected by Social Security in the event of contingencies or situations arising from participation in the elections.

In the event that a substitute is required to sit on the polling station due to the absence of the incumbent, he/she will be entitled to the leave and allowance described above. This will only be the case if he/she becomes a member of the polling station, i.e., as a mere substitute, he/she does not have the rights described above.

What happens if you do not go to the polling station?

If you have been drawn by lot to sit on a polling station, you are obliged to attend. If the members of the polling station do not attend, they are liable to a prison sentence of three months to one year or a fine of six to 24 months.

Las únicas excusas válidas para no presentarse a formar parte de la junta electoral son las siguientes:

• Serving on the Electoral Boards, the Courts and Public Administrations that have electoral functions.
• Working in essential services such as health, civil protection or fire brigades.
• Being a director of general information media or head of news services covering Election Day.
• Be a professional involved in a public event taking place on polling day for which you cannot be replaced.

In short, remember that if you are part of a polling station you have rights and obligations to fulfil. If you have any doubts, contact our team of lawyers for advice.

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